KISHORBHAI KALESTO NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') , one of the accused persons, namely, Kishorbhai Kalesto Nayak has prayed to quash and set aside FIR bearing II C.R. No.54 of 2016 registered with Pardi Police Station of Dist. Valsad on 17.4.2016 for the offences punishable under Sections 20 (c) , 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') , along with the Charge-sheet filed therein and case registered as Criminal Case No.4 of 2016 pending before the learned Sessions Judge, Valsad, mainly on the ground that the petitioner cannot be tried twice for the same offence as barred under Article 20 (2) of the Constitution of India.

(2.) Pursuant to the notice issued by this Court, the respondents have appeared through learned Public Prosecutor Mr. Mitesh Amin and have opposed grant of relief as prayed for.

(3.) The brief facts arise from the record are as under :-